Watford Borough Council

There are no specific laws governing the use of bonfires and the times that someone can have a bonfire.  However, under the Environmental Protection Act (EPA) 1990, a statutory nuisance includes "smoke, fumes or gases emitted from premises so as to be prejudicial to health or a nuisance".

How do we determine if the smoke is a statutory nuisance?

There is no fixed level at which smoke is considered a nuisance. The assessment of whether smoke is a statutory nuisance includes a number of factors to determine how the smoke affects your use and enjoyment of your property. The things that are considered include:

• Amount of smoke
• Length of time smoke continues for
• Frequency of smoke
• The effect that the smoke, smut and ash has on other people
• Time of day (smoke may have a worse effect on a summer day when you are in your garden than on a cool evening when your windows are closed).

If the fire is only occasional it is unlikely to be considered a nuisance in law.

The ‘test’ is based overall on what is reasonable for the ordinary person to expect.  An officer will make this assessment through independent evidence and discuss it with you.  

Barbecue smoke can also be considered a nuisance but only if it is very regular and the smoke is very bad.

 What can you do if you are bothered by garden bonfire smoke?

If bothered by smoke, approach your neighbour and explain the problem. You might feel awkward, but they may not be aware of the distress they are causing.  This may make them more considerate in the future. If this fails, you can contact the Council and ask for Environmental Services.

 What’s wrong with bonfires?

Air pollution

• Burning garden waste produces smoke, especially if it is damp and smouldering
• Burning plastic, rubber or painted materials not only creates an unpleasant smell but also produces a range of poisonous compounds
• Your bonfire will also add to the general background level of air pollution.

Health effect

Bonfire smoke may cause problems for asthmatics, bronchitis sufferers, people with heart conditions and children.

Annoyance

• The smoke, smuts, and smell from bonfires are the subject of many complaints to local councils
• Smoke prevents your neighbours from enjoying their gardens, opening windows or hanging washing out, and reduces visibility in the neighbourhood and on roads
• Allotments near homes can cause particular problems if plot holders persistently burn waste .

Safety

• Fire can spread to fences or buildings and cans are a hazard when rubbish is burned
• Piles of garden waste are often used as a refuge by animals, so look out for hibernating wildlife and sleeping pets.

 Other ways to dispose of garden waste

• Make compost from your garden waste
• Recycle your garden waste in the green waste bins provided by the Council
• Use a shredder to reduce small branches and twigs to chippings which you can spread on the garden as a mulch to reduce weeds and maintain soil moisture
• Take it to a waste site that has green waste recycling.

Bonfire guidelines

If a bonfire is the best practicable option for disposing of garden waste, follow these guidelines from the National Society for Clean Air and Environmental Protection (NCSA) to avoid serious nuisance:

• only burn dry material
• never burn household rubbish, rubber tyres, or anything containing plastic, foam or paint
• never use old engine oil, meths or petrol to light the fire or encourage it
• avoid lighting a fire in unsuitable weather conditions - smoke hangs in the air on damp, still days and in the evening
• if it is windy, smoke may be blown into neighbours gardens and across roads
• avoid burning when air pollution in your area is high or very high.

Bonfires with smoke affecting the road

Under the Highways Act 1980, anyone lighting a fire and allowing smoke to drift across a road faces a fine if it endangers traffic. Contact the police in this case.

Bonfires on building sites and at commercial premises, or to burn commercial waste

As with garden bonfires these must not cause a statutory nuisance.  In addition however, fires on commercial premises must not give off black smoke.  Tyres and cables cannot be burnt. Burning commercial waste on any premises is classed as treating waste for which a license is needed.